Borough of East Lansdowne, PA Part 9 WIRELESS COMMUNICATIONS FACILITIES

§ 27-900 Purpose.

In recognition of the nature of wireless communications systems and the Federal Telecommunications Act of 1996,[1] the following regulations shall apply. The purpose of this Part and the standards established herein is to govern the use, construction, and siting of wireless communications so as to:

1. Accommodate the need for wireless communications facilities while regulating their location and number in the Borough and ensuring compliance with all applicable governmental regulations.

2. Minimize any adverse visual effects of wireless communications facilities, antenna(s), and antenna support structures through proper design, siting, and screening.

3. Ensure the structural integrity of the antenna support structure through compliance with applicable industry standards and regulations.

4. Encourage the joint use of any new antenna support structures to reduce the number of such structures needed in the future.

5. Promote the health, safety, and welfare of the residents of the Borough.

[1] Editor's Note: See 47 U.S.C.A. § 609.

§ 27-901 Definitions.

For the purposes of this Part, the following definitions shall apply:

ANTENNA SUPPORT STRUCTURE

Any pole, telescoping mast, tower, tripod, or any other structure which supports or has attached to it an antenna or antennas.

ANTENNA SUPPORT STRUCTURE HEIGHT

The vertical distance measured from the base of an antenna support structure at grade to the highest point of the structure, including any antenna(s) affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna support structure height.

EMERGENCY USE

For communications pertaining to governmental concerns regarding health, safety, and/or welfare issues for the public.

LAND SITE

A tract or parcel of land that contains a wireless communications facility and associated parking, and may include other uses associated with and ancillary to wireless communication transmission.

WIRELESS COMMUNICATIONS EQUIPMENT BUILDING

A building or cabinet in which electronic receiving, relay, or transmitting equipment for a wireless communications facility is housed.

WIRELESS COMMUNICATIONS FACILITY

The antenna(s), antenna support structure, wireless communications equipment building, parking, and/or other structures, buildings, cabinets, and equipment involved in receiving or transmitting wireless communications or radio signals.

§ 27-902 Use Regulations.

1. Attachment of Facilities to Existing Antenna Support Structures.

A. Use by right in Residential and Commercial Districts and on any local municipally owned sites.

B. Use by special exception on any state-, county-, and school district-owned sites for their own internal communication needs only.

C. Use by right for emergency use by either or a combination thereof of local, county, state, or federal communications antennas. The application procedure, engineering review, and building permit procedures as provided in this chapter and the Borough Code shall still be complied with in order to install the antenna/structure.

2. Erection of New Antenna Support Structures and Wireless Communications Facilities.

A. Use by right only on Borough-owned sites.

B. Use by special exception in the Commercial District and on any state-, county-, and school district-owned sites for their own internal communication needs only.

C. Use by right for emergency use by either or a combination thereof of local, county, state, or federal communications antennas. The application procedure, engineering review, and building permit procedures as provided in this chapter and the Borough Code shall still be complied with in order to install the antenna/structure.

§ 27-903 Standards for Wireless Communications Facilities.

All applicants seeking to construct, erect, relocate, or alter a wireless communications facility shall comply with this chapter and shall demonstrate to the Borough Council the following:

1. The applicant shall demonstrate, using accepted technological and documentary evidence, that the antenna and/or antenna support structure must be located where proposed in order to satisfy its function within the applicant's regional plan or grid system. An accurate description of each relevant "area of service" shall be included in such evidence.

2. Antenna Height.

A. The applicant shall demonstrate that the antenna(s) and antenna support structure must be at the height proposed in order to satisfy their function in the applicant's regional plan or grid system. The applicant shall also demonstrate that the antenna height requested is not in excess of the minimum required to function satisfactorily.

B. An antenna that is attached to a support structure such as a telephone, electric, or utility pole, existing wireless communications, cellular communications, or personal communications services tower, smokestack, water tower, or other similar tall structure, together with any antenna support structure, shall not exceed the height of the existing structure by more than 10 feet.

C. The maximum height of any communications tower shall be 180 feet.

3. Setbacks From the Base of the Antenna Support Structure.

A. The minimum distance between the base of any antenna support structure or any property line or right-of-way line shall be the largest of the following:

(1) The minimum yard setback in the underlying zoning district; or

(2) One hundred percent of the proposed antenna support structure height from occupied buildings.

B. The minimum distance between the base of any guy wire anchors and any property line or right-of-way line shall equal 40% of the proposed antenna support structure height.

4. Antenna Support Structure Safety.

A. The applicant shall demonstrate that the proposed antenna(s) and antenna support structure are designed and constructed in accordance with all applicable national building standards for such facilities and structures, including, but not limited to, the standards developed by the Electronics Industry Association, Institute of Electrical and Electronics Engineers, Telecommunications Industry Association, American National Standards Institute, and Electrical Industry Association. The applicant shall demonstrate that the proposed wireless communications facility is designed in such a manner so that no part of the facility will attract/deflect lightning onto adjacent properties.

B. When an antenna(s) is (are) to be located on an existing structure and the general public has access to the structure on which the antenna(s) is (are) to be located, the applicant shall provide engineering details showing what steps have been taken to prevent microwave binding to wiring, pipes, or other metals.

5. The applicant shall demonstrate that the proposed antenna, the antenna support structure, and the entire wireless communications facility are safe and are in accordance with applicable Borough codes and that the surrounding properties will not be negatively affected by antenna support structure failure, falling ice, or other debris. All antenna support structures shall be fitted with anti-climbing devices so as to comply with industry standards.

6. A security fence shall be required around the antenna support structure and other equipment unless the antenna(s) is (are) mounted on an existing structure. The security fence shall be a minimum of eight feet in height and maintained in proper condition. No barbed-wire or razor-wire fencing will be permitted.

7. If the applicant is a commercial wireless communications company, it must demonstrate that it is licensed by the Federal Communications Commission (FCC) and provide the Borough Manager with copies of all FCC applications, permits, approvals, licenses, and site inspection records. All such information shall be accompanied by a certification signed by two officers of the applicant, providing that, after due inquiry, the information being supplied is true and correct to the best of their knowledge, information, and belief. The applicant shall also provide the Borough Manager with copies of all applicable federal regulations with which it is required to comply and a schedule of estimated FCC inspections.

8. The owner of an antenna support structure shall submit to the Borough Engineer proof of the annual inspection of the antenna support structure and antenna(s) by an independent professional engineer as required by the ANSI/EIA/TIA-222-E Code. Based upon the results of such an inspection, the Borough Council may require removal or repair of the wireless communications facilities.

9. A structural engineer registered in Pennsylvania shall attest to the proposed antenna support structure's ability to meet the structural standards of Subsection 4 preceding herein, or those offered by either the Electronic Industries Association or the Telecommunications Industry Association and certify the proper attachment of antenna(s) and proper construction of the foundation and the erection of the antenna support structure.

10. The wireless communications facility shall be fully automated and not require any maintenance workers to be present on a full-time basis. Adequate parking shall be required for all maintenance workers, with a minimum of two spaces provided. All parking spaces shall be constructed to conform to applicable stormwater management regulations.

11. A full site plan shall be required for all wireless communications facilities, showing all existing and proposed structures and improvements, including, but not limited to, the antenna(s), antenna support structure, building, fencing, landscape, buffering, and ingress and egress; the plan shall include all necessary elevations and photo-overlays demonstrating the illustrated appearance of all facilities against actual photographic backgrounds in each of the four directions. The plan shall comply with the latest adopted Delaware County Land Development and Subdivision Ordinance.

12. No sign or other structure shall be mounted on the wireless communications facility, except as may be required by the FCC, the Federal Aviation Administration (FAA), or other governmental agencies.

13. Antenna support structures shall meet all FAA regulations. No antenna support structure may be artificially lighted except when required by the FAA or other governmental authority. When lighting is required by the FAA or other governmental authority, it shall be oriented inward so as not to project onto surrounding properties. The applicant shall promptly report any outage or malfunction of FAA-mandated lighting to the appropriate governmental authorities.

14. In the case of a newly constructed antenna support structure, a soil report complying with the standards of Geotechnical Investigations, ANSI/EIA-222-E, as amended, shall be submitted to the Borough Engineer to document and verify the design specifications of the foundation for the antenna support structure and anchors for the guy wires, if used.

15. All wireless communications equipment buildings and other accessory facilities shall be aesthetically and architecturally compatible with the surrounding environment and shall maximize the use of like facades to blend with the existing surroundings and neighboring buildings to the greatest extent possible.

16. Additional Development Regulations.

A. A wireless communications facility is permitted as a sole use on a lot, subject to the minimum lot area and yards complying with the requirements for the applicable zoning district, except as modified herein.

B. A wireless communications facility may be permitted on a property with an existing use or on a vacant parcel in combination with another industrial, municipal, or other use, subject to the following conditions:

(1) The existing use on the property must be a permitted use in the applicable district or any lawful nonconforming use and need not be affiliated with the wireless communications facility.

(2) The minimum lot area for a land site shall be 3,600 square feet.

(3) Where the wireless communications facility is located on a property with another principal use, vehicular access to the wireless communications facility shall, whenever feasible, be provided along the circulation driveways of the existing use. The applicant shall present documentation that the owner of the property has granted an easement for the proposed facility.

C. An antenna(s) may be attached to an existing structure or building, subject to the conditions that vehicular access to the wireless communications facility shall not interfere with the parking or vehicular circulation on the site for the principal use.

17. The wireless communications facility shall be maintained and kept in good repair as required by Federal Law H.R. 6180/S. 2882, the Telecommunications Authorization Act of 1992, including amendments to Sections 303(q) and 503(b)(5) of the Communications Act of 1934 and all Borough ordinances not inconsistent therewith. Every year the facility owner shall certify to the Borough the structural integrity of the wireless communications facility.

18. The following landscaping shall be required to screen as much of a newly constructed antenna support structure, the fence surrounding the newly constructed antenna support structure, and any other newly constructed ground-level features (such as a building) as possible and, in general, soften the appearance of the wireless communications facility.

A. The disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the facility on the surrounding area.

B. Existing vegetation on and around the land site shall be preserved to the greatest extent possible. Any tree or vegetative element which dies must be replaced within one month, ground permitting.

C. An evergreen screen shall be required to surround the antenna support structure. The screen can be either a hedge (planted three feet on center, maximum) or a row of evergreen trees (planted 10 feet on center, maximum). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.

D. Where the wireless communications facility abuts residentially developed land, the Residential Zoning District, public land, or streets, the land site perimeter shall be landscaped with at least one row of deciduous trees, not less than 3 1/2 inches in caliper, spaced not more than 30 feet apart on center and within 25 feet of the land site boundary, as well as at least one row of evergreen trees or shrubs at least 14 feet high when planted and spaced not more than 15 feet apart and within 40 feet of the land site boundary.

19. All applicants seeking to construct, erect, relocate, or alter a wireless communications facility shall demonstrate that all property owners within a two-hundred-foot radius of the proposed antenna support structure have been provided written notice of the applicant's intent to construct, erect, relocate, or alter a wireless communications facility. Such notice shall also contain the date and time of the hearing before the East Lansdowne Borough Planning Commission where the applicant will appear and demonstrate compliance with the provisions of this Part.

20. In the event that the wireless communications facility causes interference with the radio or television reception of any Borough resident for a period of three continuous days, the resident shall notify the operator of the facility of such interference, and the applicant, at the operator's sole expense, shall thereafter ensure that any interference problems are promptly corrected.

21. It being the legislative finding of the Borough Council that wireless communications facilities which have been abandoned present a danger to the health, safety, and welfare of the general public, all abandoned structures shall be removed no more than 90 days after abandonment. The owner shall be responsible for any demolition costs related to the facilities. If, in the future, technology is developed that the state of the art for such facilities permits antennas of a lesser height, the facilities' owner shall be required to reduce the height of its antenna to the lower height that new technology permits within one year of written notification by the Borough.

22. In January of each year, the owner of any wireless communications facility shall pay the registration fee established from time to time by resolution of the Borough Council and shall provide the Borough Manager with the following information:

A. The name and address of the owner of the wireless communications facility and telephone number of the appropriate contact person in case of emergency.

B. The name and address of the property owner on which the wireless communications facility is located.

C. The location of the wireless communications facility by geographic coordinates, indicating latitude and longitude.

D. Output frequency of the transmitter.

E. The type of modulation, digital format, and class of service.

F. Antenna(s) gain.

G. The certified and effective radiated power of the antenna(s).

H. The number of transmitters, channels, and antenna(s).

I. A copy of the owner's or operator's FCC authorization.

J. Antenna(s) height.

K. Power input to the antenna(s).

L. Distance to the nearest base station.

M. A certification signed by two officers of the applicant that the wireless communications facility is continuing to comply with this chapter and all applicable governmental regulations.

23. The applicant shall submit a copy of its current FCC license; the name, address, and emergency telephone number for the operator of the wireless communications facility; and a certificate of insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence covering the communications tower and communications antenna.

§ 27-904 Standards for Special Exceptions.

1. The applicant shall have the duty of presenting evidence and all studies and materials required herein, as well as the additional burden of persuading the Zoning Hearing Board that:

A. All standards as contained in this chapter have been complied with; and

B. The following additional specific special exception standards have been met:

(1) That the proposed facilities will not be injurious to the health, safety, and welfare of the community.

2. In order to reduce the number of antenna support structures needed in the Borough in the future, the proposed antenna support structure shall also be required to accommodate, where possible, other users, including other wireless communications, cellular communications, and personal communications service provider companies and local police, fire, and ambulance companies. Applicants shall provide documentary evidence that all other authorized users have been contacted by the applicant with an offer of co-location on the applicant's proposed antenna support structure.

3. If the applicant proposes to build an antenna support structure [as opposed to mounting the antenna(s) on an existing structure], the applicant shall demonstrate with documentary evidence that it has contacted the owners of structures of suitable location and height (such as smokestacks, water towers, and buildings housing existing antenna support structures) within a one-mile radius of the site proposed, requested permission to install the antenna(s) on those structures, and has been denied. An application to construct a new antenna support structure will be denied if the applicant has not made a good-faith effort to mount the antenna(s) on an existing structure as set forth in this subsection.

§ 27-905 Submission of Plans.

All plans for the erection of wireless communications facilities shall be submitted to and be reviewed by the Borough Planning Commission for compliance with the Delaware County Land Development and Subdivision Ordinance, with the exception of new antenna(s) attached to existing structures. The Borough Engineer and Solicitor shall review the plans for compliance with this chapter and any other applicable local regulations and evidence of review and approval of other agencies with jurisdiction over such facilities. The cost of review fees shall be reimbursed to the Borough by the owner. These fees shall be in addition to any applicable Borough building permit fees.